Power of Commissioner to Require Advance Approval

The Commissioner may require that any or all materials used in obtaining advance fee agreements, including but not limited to the contract forms, letters or cards used to solicit prospective sellers, and radio, newspaper, and television advertising be submitted to him at least five days before they are used. Should the Commissioner determine that any matter, when used alone or with any other matter, would tend to mislead, he may within five days of the date he receives same, order that it not be used, disseminated, nor published. Any person using, disseminating, or publishing any matter which the Commissioner has ordered, pursuant to this Section, not be used, published or disseminated shall be guilty of a petty misdemeanor. The Commissioner may determine the form of the advance fee agreements, and all material used in soliciting prospective owners and sellers shall be used in the form and manner which he determines is necessary to carry out the purposes and intent of this Division. Any violation of any of the provisions of this Division or of the rules, regulations, orders or requirements of the Commissioner thereunder shall constitute grounds for disciplinary action against a licensee, or for proceedings under this Section, or both. The sanctions are in addition to the criminal proceedings hereinbefore provided.